In most states canned software is taxable, and custom software is not taxable. But what some state revenue departments consider “canned software” may surprise you. Increasingly, state departments of revenue are taking the position that online services delivered using software are taxable either as canned software, an information service, or even an amusement. This course will focus on different state and local approaches to this issue, with particular focus given to the approaches taken by the City of Chicago, Massachusetts, New York, Texas, and Washington.
Key topics covered:
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Jeffrey S. Reed is a Partner and Chair of the State Tax Practice at Kilpatrick Townsend LLP. A former litigator for the Massachusetts Department of Revenue, Jeff has represented clients in state tax controversy matters in over thirty states and has obtained favorable letter rulings for clients in several different jurisdictions. He regularly advises on the constitutionality of state tax positions, the availability of exemptions and incentives, and how to source revenue streams for state corporate income tax and sales tax purposes. He has handled New York qui tam (whistleblower) lawsuit litigation and received widespread acclaim for arguing and winning the closely-watched IT USA, Inc. case before the New York Tax Appeals Tribunal.